The Midwest Agricultural Law Guide, was created to offer legal discussion and encourage the use of social media in the agricultural industry.

30 Jul, 2012

HSUS’ Flank Attack on Gestation Crates Pt. II: Analyzing the Blueprint for HSUS’ Strategy

2018-04-23T18:22:22-05:00July 30th, 2012|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

HSUS is not the first group to go after hog operations for ammonia emissions.  The blueprint for HSUS' flank attack was established by earlier lawsuits against hog and poultry operations for violations of the Comprehensive Environmental  Response, Compensation, and Liability Act (CERCLA aka the Superfund law) and the Emergency Planning and Community Right-to-Know Act (EPCRA).  CERCLA and EPCRA do not limit pollutants but require reporting when specific quantities of specific substances are released into the environment.  CERCLA and EPCRA [...]

20 Jul, 2012

HSUS’ Flank Attack on Gestation Crates: Claims Environmental Violations of 51 Hog Facilities Pt. I

2018-04-23T18:22:23-05:00July 20th, 2012|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

Battle of Big Bethel, VA 1861 The Humane Society of the United States (HSUS) recently posted the following headline: The HSUS Serves Notices of Intent to Sue More than 50 Pig Confinement Facilities for Toxic Air Pollution.  At first glance it does not make sense for a program whose alleged mission is to protect animals from abusive treatment to concern itself with environmental issues.  However, if the mission is not just the protection of animals, but [...]

19 Jun, 2012

Illinois Taps CAFO’s to Fund Regulation of CAFO’s

2018-04-23T18:22:23-05:00June 19th, 2012|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

Owners of concentrated animal feeding operations (CAFO's) in Illinois will be partially funding their own pollution permits if the Governor Pat Quinn signs the recently passed Clean Water Funding Fairness Act.  The Act would require CAFO's that discharge or intend to discharge pollutants to pay an annual fee for their permits under the National Pollution Discharge Elimination System (NPDES).  The fee amount is determined by the size of your CAFO: $750 for CAFO's [...]

8 Jun, 2012

Surprise, Surprise, the EPA is watching you from the skies: Part II

2018-04-23T18:22:23-05:00June 8th, 2012|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

On Monday, the EPA Region 7 defended the aerial surveillance program in the Midwest, by emphasizing the surveillance is "a legal and cost-effective way to help protect Nebraska and Iowa streams from runoff contamination."  Per Joe Duggan's article in the Omaha World Herald. Senator Mike Johanns, R-Neb., is not buying it and believes the EPA does not have congressional authority to conduct aerial surveillance.  Others believe the EPA's surveillance unnecessarily duplicates the state's CAFO regulations.  So....which is it?  Is the [...]

4 Jun, 2012

Surprise, Surprise, the EPA is watching you from the skies: Part I

2018-04-23T18:22:23-05:00June 4th, 2012|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

You may have been surprised by the recent news that EPA Region 7 has conducted aerial surveillance of feed yards in the Midwest for the past two years.  If you had not heard about these activities you should check out Todd Janzen's Ag Law Blog article EPA Aerial Surveillance Under Fire.  To tell you the truth, I was not surprised.  During every EPA/Clean Water Act presentation I have attended, the speaker displayed an aerial photo of a concentrated animal feeding operation (CAFO) [...]

25 May, 2012

TransCanada facing new obstacles in Nebraska leg of Keystone XL pipeline.

2018-04-23T18:22:23-05:00May 25th, 2012|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

I recently signed up to run the Warrior Dash which is some sort of 3 + mile obstacle course through mud, fire and brimstone.  The Warrior Dash twitter page boasts that "It's the craziest frickin' day of your life!"  @WarriorDash  Over-exaggeration aside, I asked one friend who has been through it whether the Warrior Dash was tough.  His response was, "Yeah, it's pretty tough, but not as tough as getting an oil pipeline [...]

18 May, 2012

Avoiding Heat-Related Illness. There’s an App for That.

2018-04-23T18:22:23-05:00May 18th, 2012|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

The month of May is upon us, bringing with it the beginning of summer's warm temperatures.  Which means it is once again time to remind outdoor workers about heat-related illness. Heat is more deadly in the U.S. than earthquakes, hurricanes, and tornadoes combined[1]. Between 1992 and 2006, heat caused the deaths of 423 crop workers[2]. Prevention is key to avoiding heat-related illness.  For starters, drink plenty of water and take [...]

4 May, 2012

Niobrara River irrigators win big hand against NPPD in water rights card game.

2018-04-23T18:22:23-05:00May 4th, 2012|Construction Contractor Advisor, Midwest Agricultural Law, Water Law|

Irrigators on the Niobrara River Basin won a big hand recently when the Nebraska Supreme Court found in their favor again.  The ruling does not end the ongoing card game with NPPD, but it may give irrigators a chance to expand their water rights in the basin.    Last June, I posted this blog regarding the Court's decision ordering the Department of Natural Resources (DNR) to re-determine whether the basin was "maxed out" for irrigation purposes.   Despite the ruling, the Nebraska Public [...]

28 Apr, 2012

Ag’s voice heard: Dept. of Labor withdraws proposed child labor revisions

2018-04-23T18:22:23-05:00April 28th, 2012|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

It looks like the thousands of comments opposing the Department of Labors' (DOL) proposed child labor revisions regarding agriculture has worked.  I summarized the proposed changes in my November 17 blog: Child-labor and Agriculture: Proposed rules restrict youths’ access to agricultural jobs.  Today the DOL issued a statement that the proposals were withdrawn and would not "be pursued for the duration of the Obama administration." The last part of the statement indicates [...]

19 Apr, 2012

Nebraska doesn’t allow prenuptial coercion to protect ag interest

2018-04-23T18:22:23-05:00April 19th, 2012|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

Family farms and ranches are built on generations of hard work, determination and a little bit of luck.  Considering all the sweat that goes into building a successful operation it is imperative for the farmer or rancher to have a plan to keep the operation in the family through situations such as death, divorce or dissolution.  There are several options and your attorney can help you pick out the best options for you and your operation.   With that said, you must [...]

10 Apr, 2012

Organic Farmers Appeal Monsanto’s Victory Regarding Patent Infringement Claims

2018-04-23T18:22:23-05:00April 10th, 2012|Biotechnology, Construction Contractor Advisor, Midwest Agricultural Law|

In mid-March I posted this blog summarizing Monsanto's victory over a group of farmers and producers.  The farmers were looking to prevent future patent infringment claims by Monsanto for inadvertent planting or harvesting seed contaminated by Monsanto's genetically modified seed.  The following telephone coversation occurred shortly after the judge ruled in Monsanto's favor:  Counsel for farmers: "Good afternoon, congratulations on obtaining the judgment in your favor, but surely you did not think we would [...]

5 Apr, 2012

Are You Adequately Covered For Ag Environmental Losses?

2018-04-23T18:22:23-05:00April 5th, 2012|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

(First in a series of Insurance Issues for Agribusiness) POLLUTION EXPOSURE All farmers and agribusinesses have a potential pollution exposure.  Some of the largest risks can arise when transporting chemicals, operating heavy equipment or dealing with waste run-off from a hog or cattle operation.  Also fires can erupt that release potential harmful gases.  Smaller risks arise from spilled chemicals or noxious fumes.  Vandalism also can cause a pollution loss.  In [...]

28 Mar, 2012

Airborne Water Pollution: North Carolina case decides whether Clean Water Act regulates airborne emissions

2018-04-23T18:22:23-05:00March 28th, 2012|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

As the old saying goes; what goes up, must come down, which is why celebratory gunfire is not that great of an idea.  With that clever segue, a North Carolina court will have to decide whether the Clean Water Act (CWA) can regulate what goes up before it comes down. The case involves Rose Acre Farms which is a large egg farm, housing over 3 millions hens near a national wildlife refuge in [...]

21 Mar, 2012

Iowa’s Chief Justice Cady proposes agricultural courts

2018-04-23T18:22:23-05:00March 21st, 2012|Construction Contractor Advisor, Midwest Agricultural Law|

  Iowa's Chief Justice of the Supreme Court recently brought up the idea of developing a specific court system to handle agricultural issues.  As a licensed Iowa attorney with a specific interest in agriculture, I love the idea.  Plus, such a court would be a great asset for Iowa's number one industry.   Chief Justice, Mark Cady, brought up the idea during an appearance in Tipton, Iowa while drumming up support [...]

15 Mar, 2012

Court Finds Monsanto Not Big Bad Wolf in Patent Infringement Claims

2018-04-23T18:22:23-05:00March 15th, 2012|Biotechnology, Construction Contractor Advisor, Midwest Agricultural Law|

We all know the story about the boy who cried wolf, and we all know the lesson learned in the story.  If not, shame on you and ask your kids.  A United States District Court recently found 62 farmer organizations and seed businesses were crying wolf in a recent lawsuit against Monsanto. The 62 organizations were organic and non-organic crop and seed producers who did not want to buy, plant, harvest, or sell patented and genetically [...]

8 Mar, 2012

Water Rights: Landowners’ Win Big in Texas

2018-04-23T18:22:23-05:00March 8th, 2012|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

  Government regulation of groundwater just became a lot more precarious in Texas.  The Texas Supreme Court recently ruled that landowners own the groundwater upon which their land sits, which means that the State of Texas has to be extra careful in how it regulates groundwater use.  Specifically, landowners may be entitled to compensation if the state's groundwater regulations go to far.   Which regulations "go to far"?  At this point, nobody knows and [...]

24 Feb, 2012

Pesticide Damage Claims: Nebraska Supreme Court Sets Evidence Standard

2018-04-23T18:22:23-05:00February 24th, 2012|Construction Contractor Advisor, Crop Damage Claims, Farm Management, Midwest Agricultural Law|

The recent Nebraska Supreme Court's decision in Lesiak v. Central Valley Ag Cooperative (CVA) provides an evidence standard for pesticide damage claims against applicators.  In Lesiak, the Nebraska Supreme Court discussed burdens of proof, implied services warranties, the economic loss doctrine, blah, blah, blah, blah........zzzzzzzzzzzzzzzzzzz. You are asleep aren't you?  I get it.  However, those involved in crop damage cases (especially lawyers) need to know what kind of evidence is necessary to get the claim [...]

25 Jan, 2012

Livestock Production Contracts: Checklist for Protecting Contract Growers

2018-04-23T18:22:23-05:00January 25th, 2012|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

  Little by little, custom feeding arrangements secured by a handshake are going the way of the four-row planter.  As contract growers and livestock owners become more sophisticated the handshake is being replaced by the "Livestock Production Contract".  Approximately a week ago, I came across this Livestock Production Contract Checklist produced by the Iowa Department of Justice. The checklist provides 6 important issues a producer should understand and questions a producer should ask before [...]

20 Jan, 2012

Proposed Indiana Law Gives CAFOs a Legal Hammer against Nuisance Lawsuits

2018-04-23T18:22:23-05:00January 20th, 2012|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

Generally speaking, a defendant who successfully defends a lawsuit cannot collect his/her legal fees from the other side.  One exception is when the court determines that the lawsuit was so frivolous that the claim should have never been filed.  In that case, the court may award the defendant legal fees.  From experience, I can tell you that courts rarely find a claim to be frivolous and it is even more rare for a [...]

13 Jan, 2012

FDA Slows Down Antibiotic Use in Agriculture

2018-04-23T18:22:23-05:00January 13th, 2012|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

As of January 4, 2012 the Federal Drug Administration has banned the "unapproved" use of cephalosporins in food animals such as cattle, pigs, chickens and turkeys.  Therefore, you may want to return that thoughtful gift of Cefzil or Keflex your livestock got you for Christmas.  It was really a gift for them more than it was for you anyway. Actually, hold off on returning the gift as the prohibition is for "extra-label" use [...]

5 Jan, 2012

Agricultural related lawsuits coming to head in 2012; Pt. II

2018-04-23T18:22:23-05:00January 5th, 2012|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

On January 20, 2011 the Center for Biological Diversity and Pesticide Action Network of North America filed a lawsuit against the EPA for allegedly failing to consult with the Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) before approving pesticide use.  Agricultural organizations such as the National Corn Growers Association have joined the lawsuit to ensure they have a seat at the table. The lawsuit is 411 pages long [...]

30 Dec, 2011

Agricultural Related Lawsuits coming to head in 2012; Pt. I

2018-04-23T18:22:24-05:00December 30th, 2011|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

At this time last year, the EPA set limits on the maximum daily amount of nitrogen, phosphorous and sediment allowed into the Chesapeake Bay and its tributaries; commonly referred to as the Chesapeake Bay TMDL (Total Maximum Daily Load).  States within the watershed were subsequently required to develop an EPA approved plan for limiting the pollutants from entering the watershed. Immediately thereafter, national agricultural organizations joined forces to challenge the EPA's TMDL for the Chesapeake [...]

16 Dec, 2011

Benefits of Conservation Easements: Preserving Farmland for Future + Tax Deduction

2018-04-23T18:22:24-05:00December 16th, 2011|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

Set in a field along eastbound Interstate 80 traveling into Des Moines, Iowa is a set of 4 signs that read accordingly: Urban Sprawl; Ain't too Pretty; Save Our Farms; Build In The City.  The signs make a good point and a worthwhile plea.  However, a recent Iowa Farmer Today article pointed out farmers and ranchers can proactively perserve their land for future generations of farming with a conservation easement. To create a conservation [...]

9 Dec, 2011

Missouri River Valley Reconstruction

2018-04-23T18:22:24-05:00December 9th, 2011|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

With the Missouri River back in its banks, farmers along the Missouri Valley are left wondering how to repair their farmland.  Scour holes and several inches of sand may hinder productivity in the affected areas for a long time if the land is not properly reconstructed.  Farmers must also consider how they will repair the land while staying in compliance with various Farm Bill programs. Flood affected farmers should plan to [...]

2 Dec, 2011

Constitutional Protection for Right to Farm: ND Farm Bureau staying one step ahead of HSUS

2018-04-23T18:22:24-05:00December 2nd, 2011|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

The North Dakota Farm Bureau is taking the "right to farm" to the state constitution.  The Farm Bureau likely has the the 27,000 signatures necessary to get a proposal on the ballot in June or November 2012 which will likely read: "The right of farmers and ranchers to engage in modern farming and ranching practices shall be forever guaranteed in this state.  No law shall be enacted which abridges the right of [...]

22 Nov, 2011

Faces of Agriculture: Little Red Barn Beef, all-natural and local

2018-04-23T18:22:24-05:00November 22nd, 2011|Construction Contractor Advisor, Midwest Agricultural Law|

One of the purposes of this blog was to present the multiple faces of agriculture and how different producers and businesses operate within the laws and regulations that affect such producers or businesses.  One of those faces of agriculture that I recently met is Keith Gregerson; owner and operator of Little Red Barn Beef.  Little Red Barn Beef produces and sells all-natural locally produced gourmet beef out of Omaha, Nebraska.  [...]

17 Nov, 2011

Child-labor and Agriculture: Proposed rules restrict youths’ access to agricultural jobs

2018-04-23T18:22:24-05:00November 17th, 2011|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

In May, I wrote this blog about the dangers of children working in agriculture.  In the blog I warned that deadly accidents, such as the Mt. Carroll, IL incident last year, may bring increased federal regulation restricting child labor in agriculture.  It appears that warning has come to fruition. The Department of Labor has recently proposed revisions to the Fair Labor Standards Act for child farm workers, which will severely limit agriculture employment for [...]

24 Oct, 2011

Strange Bedfellows: Nebraska Farmers Union and Humane Society of the United States

2018-04-23T18:22:24-05:00October 24th, 2011|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

I know I opened with a fairly obscure movie quote two weeks ago discussing communication between ag operators and insurance agents, which you can find here.  With that said, I am going to the well once more.  The recent agreement between the Nebraska Farmers  Union and the Humane Society of the United States (HSUS) reminded me of this scene in Ghostbusters regarding the upcoming end of the world. https://www.youtube.com/watch?v=O3ZOKDmorj0 Seriously check it out, I promise it [...]

10 Oct, 2011

Insuring the Operation Pt. II: Examples of miscommunication between agent and producer

2018-04-23T18:22:24-05:00October 10th, 2011|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

If you remember correctly, Luke in "Cool Hand Luke" always ended up on the wrong end as  result of a "failure to communicate".  The following are two examples of livestock producers who also ended up on the wrong end as a result of communication break-downs between the producer and insurance agent. Example No. 1: A custom hog feeder lost 3,000 head of hogs to suffocation when the power failed in a hog confinement.  The owner [...]

28 Sep, 2011

Insuring the Operation Pt I: 5 tips to ensure you are properly insured.

2018-04-23T18:22:24-05:00September 28th, 2011|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

"What we've got here is ... failure to communicate."  The iconic line of the prison captain to Luke in "Cool Hand Luke" resonates with me every time I am involved in a case between a farm or ranch operator and his/her insurance agent.  These types of cases come about when a disaster strikes and the insurance company denies a claim on the premise that the insurance policy did not cover the loss. The subsequent scene [...]

15 Sep, 2011

Livestock Facility Siting Laws: State-wide Predictability or Local Autonomy

2018-04-23T18:22:24-05:00September 15th, 2011|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

Traveling across the Midwest, you will inevitably run into the smell of a cattle or hog operation.  Every time I run across that smell I think of the quote my father used to use, "That is the smell of money."  One can grow accustomed to the smell when living and/or working on a farm or ranch; some even appreciate it. However, while many want to enjoy a rural lifestyle, they do not want to live [...]

2 Sep, 2011

Crop Insurance, the 2012 Farm Bill and Natural Disasters; Preserving the Safety Net

2018-04-23T18:22:24-05:00September 2nd, 2011|Construction Contractor Advisor, Crop Insurance, Government Regulations, Midwest Agricultural Law|

Every time I turn on the Weather Channel it seems like another area of the country has been hit by a natural disaster.  Last week, Hurricane Irene struck the east coast resulting in extensive damage to the area's crop and livestock.  Farmers in the Midwestern states of Iowa, Nebraska, Kansas and Missouri are just beginning to discover the extent of damage to their fields caused by long term flooding of the Missouri River Basin.  Agricultural producers in [...]

22 Aug, 2011

Who’s Regulating Iowa CAFO’s? Environmental groups going after Iowa DNR authority by suing EPA

2018-04-23T18:22:24-05:00August 22nd, 2011|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

Currently, the EPA authorizes the Iowa Department of Natural Resources to regulate Concentrated Animal Feeding Operations (CAFOs) through Clean Water Act permits.  However, the Environmental Integrity Group, Iowa Chapter of Sierra Club and Iowa Citizens for Community Improvement have petitioned the EPA to revoke Iowa DNR's authority for failing to regulate CAFO's under the Clean Water Act (CWA). The groups filed a notice of intent to sue in light of the EPA's failure to respond to [...]

5 Aug, 2011

Relief from the Heat; Farm Bill program compensates for heat-related livestock deaths.

2018-04-23T18:22:24-05:00August 5th, 2011|Construction Contractor Advisor, Farm Management, Government Regulations, Midwest Agricultural Law|

Breaking news...it's been hot across the Midwest for the past two weeks.  Okay, so it is not breaking news and it is not breaking news to livestock producers that the heat has stressed herds across the country.  The record low national cattle herd has been especially stressed with Iowa alone estimating between 3,400 and 4,000 heat-related cattle deaths.  Per Dan Pillar's Des Moines Register article found here. However, what many producers may not know is that a [...]

27 Jul, 2011

No Trespassing: Organic Producers Pushing Back on Overspray

2018-04-23T18:22:24-05:00July 27th, 2011|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

Pesticide applicators are starting to feel pressure from the expansion of organic production across the country.  Recent court decisions have landed in favor of organic producers in cases regarding pesticide overspray or drift which taints entire fields of organic crops.  While not new, these cases are becoming more common.  Most recently, the Minnesota Court of Appeals, for the first time, ruled that pesticides crossing property lines constituted a trespass and allows the property owner to collect damages. The case [...]

20 Jul, 2011

Missouri Tells Grain Dealers to Show-Me the Money: New legislation tightens financial requirements.

2018-04-23T18:22:24-05:00July 20th, 2011|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

Dishonest grain dealers will find it harder to operate in Missouri.  On July 11, 2011 Missouri Governor Jay Nixon signed legislation which will require grain dealers to pony up more money to safeguard against insolvency. The legislation is in response to the actions of Cathy Gieseker who defrauded approximately 180 farmers out of $27 million.  According to the evidence, Cathy Gieseker told farmers that she had contracts with Archer Daniels Midland Co. which [...]

13 Jul, 2011

Roundup-ready Kentucky Bluegrass: Great for Weekend Warrior, Bad for Anti-GMO

2018-04-23T18:22:24-05:00July 13th, 2011|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

The weekend lawn chores may become just a bit easier.  Scotts Miracle-Gro has been given the green light to sell Roundup-ready Kentucky bluegrass without government approval.  The U.S.D.A determined that the genetically modified bluegrass was exempt because the modification did not include plant pests. Most Roundup-ready crops contain a slice of DNA from a plant virus that acts as a herbicide resistant trigger and falls under the U.S.D.A.'s control over plant pests.  [...]

29 Jun, 2011

Pesticide Reglations: Bill H.R. 872 may knock out EPA authority under Clean Water Act

2018-04-23T18:22:24-05:00June 29th, 2011|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

On June 21, 2011 the Senate Agriculture Committee approved H.R. 872 which would effectively restore regulatory authority for pesticide application to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).  The Bill will now go to the full Senate for approval.    Passed by the House on March 31, 2011, H.R. 872 would prohibit the EPA or a state from requiring CWA permits for discharges of a FIFRA-approved pesticide into navigable waters.  The legislation is in response to the Sixth-Circuit Court of Appeals' decision [...]

22 Jun, 2011

Two More Missouri River Flooding Problems: Grain Contracts & Flood Insurance

2018-04-23T18:22:24-05:00June 22nd, 2011|Construction Contractor Advisor, Crop Insurance, Midwest Agricultural Law|

The producer's farming the approximate 450,000 acres of prime Nebraska and Iowa farmland along the Missouri River have to worry about at least two additional issues other producers may not worry about; obligations under forward grain contracts, and flood insurance coverage.      1)  Forward contracts bind a producer to deliver grain to a buyer at an agreed upon price at a specific time in the future.  Most contracts are not voided by natural disasters, which leaves the [...]

13 Jun, 2011

Unfairly Appropriated: Nebraska Supreme Court Reverses Designation of Niobrara River

2018-04-23T18:22:24-05:00June 13th, 2011|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

In what may be good news for farmers and ranchers operating in the Lower Niobrara River Basin, the Nebraska Supreme Court reversed the Department of Natural Resources' "fully appropriated" designation for the basin.  The June 3, 2011 ruling may open doors for new well permits and possibly new surface water appropriations.    The "fully appropriated" designation generally means that the river is maxed out for uses which divert water from the river, such [...]

9 Jun, 2011

Flood the Farm or the City: The Army Corps of Engineers’ Tough Question

2018-04-23T18:22:24-05:00June 9th, 2011|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

On Friday, June 3, I was helping fill sandbags in Plattsmouth, Nebraska in an effort to protect the waste treament and water treatment plants from expected flooding along the Missouri river.  The volunteer turnout was tremendous but somber as the discussions obviously centered on the potential damage and whether there was anything that could have been done earlier to prevent the possible catastrophe.  Rumors swirled that the Army Corps of Engineers was [...]

27 May, 2011

Children at Work: The Dangers of Child Labor and Agriculture

2018-04-23T18:22:24-05:00May 27th, 2011|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

Working in and around grain bins was just one of the many jobs I performed at a very young age while growing up on a farm just outside of Neola, Iowa.  Many times I worked those grain bins alongside friends the same age as myself and outside the scope of adult supervision.  I was reminded of this work when I came across a recent 60 Minute episode (found here) which questioned whether 12 year olds should be working [...]

17 May, 2011

EPA Cracks Down on 7 Midwest CAFOs

2018-04-23T18:22:24-05:00May 17th, 2011|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

The EPA is on the warpath in the midwest again.  On May 16, 2011 the EPA Region 7 announced it had issued administrative complicane orders to seven concentrated animal feeding operations in Iowa, Kansas and Nebraska; all cattle operations.  The operations included medium to large CAFO's operating with and without NPDES permits. The violations included the following: 1.     Failure to maintain adequate storage capacity and confinement of cattle in areas [...]

16 May, 2011

Clean Water Act Expansion?

2018-04-23T18:22:24-05:00May 16th, 2011|Construction Contractor Advisor, Government Regulations, Midwest Agricultural Law|

According to the EPA and the Army Corps of Engineers, the Clean Water Act (CWA) should no longer be limited to "navigable waters".  Rather, the Act extends to non-navigable tributaries of navigable waters if such tributaries contain water seasonally per the EPA's and Army Corps' new draft guidance. In addition, the CWA will now cover wetlands located next to interstate waters or navigable waters along with wetlands directly next-to permanent waters.  [...]

12 May, 2011

Organic Certification Losing Credibility

2018-04-23T18:22:25-05:00May 12th, 2011|Construction Contractor Advisor, Midwest Agricultural Law|

The USDA organic seal is supposed to represent that certain foodstuffs are raised, grown and produced in a specific manner.  The seal is relied upon those consumers who are willing to pay a premium for products with the seal.  Therefore it is imperative that the National Organic Program and organic producers ensure the integrity and legitimacy of that seal. Unfortunately, a March 2010 audit by the USDA Office of the Inspector General [...]

8 May, 2011

Farm Equipment and the Road: Preventing Catostrophic Liability

2018-04-23T18:22:25-05:00May 8th, 2011|Construction Contractor Advisor, Farm Management, Midwest Agricultural Law|

Midwesterners are used to sharing rural two lane highways with large farm equipment and tractor-trailers transporting crops and livestock.  Despite the familiarity, traffic accidents involving passenger cars and farm equipment or tractor-trailers occur every year which are sometimes horrific.  Liability from such accidents can literally force a farmer or rancher operation out of business if he or she has not taken the appropriate steps to protect itself from liability.  The following is a list of five steps a farmer or [...]

5 May, 2011

Crop Insurance Settlement v. Arbitration in Nebraska

2018-04-23T18:22:25-05:00May 5th, 2011|Construction Contractor Advisor, Crop Insurance, Midwest Agricultural Law|

In Nebraska, the federal arbitration rules will apply even in cases that the farmer believes was settled. The Case: On September, 2010, the Nebraska Supreme Court ruled that two farmers would have to arbitrate their claim with Rural Community Insurance Company (RCIC) despite having an agreed upon settlement with RCIC’s insurance agent.  Kremer v. Rural Community Insurance Company 280 Neb. 591, __ NW2d ___ (2010).  The case started when Robert [...]

2 May, 2011

Ethanol Ready Corn Fuels Debate

2018-04-23T18:22:25-05:00May 2nd, 2011|Alternative Energy, Construction Contractor Advisor, Midwest Agricultural Law|

On February 11, 2011 the USDA gave the thumbs up to Syngenta’s Ethanol-Ready Corn (Enogen) for commercial planting.  Enogen corn is genetically modified to produce the enzyme alpha-amylase which converts the starch in corn kernels into sugar which is consumed by alcohol-producing microorganisms.  Thereafter the alcohol produced is converted into ethanol.  Enogen would save the ethanol plants the time and extra cost of adding a liquid form of the enzyme [...]

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